MUMBAI: The state consumer commission last week directed a builder to pay a compensation of Rs 13.50 lakh to a Jogeshwari couple for a five-year delay in handing over possession of a flat in Thane. The couple has paid more than 95% of the flat's price of Rs 30 lakh. The commission also directed the builder and developer Ganaraj Group to hand over the flat within 45 days failing which Rs 1,000 per day would be payable to the complainants, Prashan and Sailee Dhotre, till handing over of actual possession of the flat.

The Maharashtra State Consumer Disputes Redressal Commission said that on carefully going through the written version on record no tangible reasons were revealed with respect to the delayed possession of the flat. "On going through the registered agreement to sale, we find that the possession was to be delivered on or before November, 2009. The terms and conditions set out are certainly binding on the parties executing the agreement. Therefore as rightly pleaded by the advocate, the opponents have incurred deficiency of service to the complainants by not delivering the vacant and peaceful possession," the commission said.

The Dhotres filed the complaint before the commission in 2010. The complaint said that in March 2007 they had entered into a registered agreement to purchase flat which was to be constructed and developed by the builder and developers for a total of Rs 30 lakh. Out of total consideration the couple had paid Rs 29 lakh and yet the builder had not handed over possession. The developer did not response to the complainants repeated persuasion for handing over possession and neither had they assigned any reason for the delay.

The company appeared before the commission and filed its written version. They alleged that the complaint was not maintainable as complainants are not consumer under the provisions of Consumer Protection Act,1986. While the company accepted that the Dhotres had paid the amount, no reason whatsoever was mentioned for abnormal delay in delivery of the possession of the flat.